The Shoura Council in the Saudi Arabia is currently drafting up a law in order to safeguard the rights of all divorced women and mothers. This is no doubt a very good step, however, what is painful is that people seem to believe that the respective law will come into immediate action as soon as the Shoura passes the law. This is incorrect. People should realize that the Shoura is a consultative body which can’t solve problems by legislation. The Shoura, on the other hand, will be presenting the proposals and draft laws to the government authorities, the government will then decide whether to act upon it or shelve it. The law enacting or enforcing mechanism takes many years to function.
I must praise the initiative made by the Shoura in order to safeguard the rights of all the divorced mothers. The members of the Shoura should be thanked and appreciated for their commendable efforts. Divorce is a horrible thing, which affects the children the most. Ultimately people seem to realize that the divorce benefits only the men. This very fact is what drives women to continue with their troublesome marriages rather than getting divorced. They know that if they get a divorce, they will lose most of their rights. In the Saudi Arabia, the child support system is not up to the mark of the western world. In the USA, the monthly child support ranges from $4000-8000. In the Kingdom, it is only around SAR 500 to SAR 1000 which is not at all enough to raise a child.
This, in turn, puts a huge burden on the divorced mothers, who are in desperate need to make ends meet. Most of them will not find any way to make ends meet. Furthermore, these divorced mothers are treated as minors in instances such as getting documentation such as passports for the child and themselves. The life of a divorced mother becomes more trouble than it was during her troublesome marriage for both the mother and child. Whereas the ex-husband had complete liberty to remarry or travel whenever and wherever he wants.
Perhaps now is the time that we must scrutinize on the current laws in such a way will ensure the safeguarding of all in the case of rights after divorce and being treated as a citizen with complete rights. The divorced women should also be allowed to lead a decent independent life for herself and her children. There is perhaps nobody who can possibly deny that the judiciary in the Kingdom has been working extremely hard and has also undergone some extensive change. This concrete and positive change should also cover the rights of children and women after divorce. More over these laws should also be well known amongst the judiciary.
Personal laws can under no circumstance be changed according to the views of any 1 judge. The laws should be well defined and sourced in accordance with the Shariah, which has guaranteed rights to the divorced women and their children.
Source: Saudi Gazette